Citation Nr: 0822123
Decision Date: 07/03/08 Archive Date: 07/14/08
DOCKET NO. 05-15 320 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in St.
Petersburg, Florida
THE ISSUES
1. Entitlement to service connection for scars on the head
and left wrist.
2. Entitlement to service connection for the residuals of a
foreign body in the left wrist.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Simone C. Krembs, Associate Counsel
INTRODUCTION
The veteran served on active duty from October 1966 to
September 1967. He had additional service in the Army
National Guard.
This matter comes before the Board of Veterans' Appeals
(Board) from an April 2004 rating decision of a Department of
Veterans Affairs (VA) Regional Office (RO) that denied the
veterans claims of entitlement to service connection for
scars on the head and left wrist, and for the residuals of a
foreign body in the left wrist. The Board remanded the
claims for additional development in October 2007.
FINDING OF FACT
In a statement received at the Board in May 2008, the veteran
withdrew his appeals concerning entitlement to service
connection for scars on the head and left wrist, and for the
residuals of a foreign body in the left wrist.
CONCLUSIONS OF LAW
1. The criteria for withdrawal of a substantive appeal of
the issue of entitlement to service connection for scars on
the head and left wrist have been met. 38 U.S.C.A.
§ 7105(b)(2) (West 2002); 38 C.F.R. §§ 20.202, 20.204 (2007).
2. The criteria for withdrawal of a substantive appeal of
the issue of entitlement to service connection for the
residuals of a foreign body in the left wrist have been met.
38 U.S.C.A. § 7105(b)(2) (West 2002); 38 C.F.R. §§ 20.202,
20.204 (2007).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
A Substantive Appeal may be withdrawn in writing at any time
before the Board promulgates a decision. 38 C.F.R. §§
20.202, 20.204(b) (2007). Withdrawal may be made by the
appellant or by his authorized representative, except that a
representative may not withdraw a Substantive Appeal filed by
the appellant personally without the express written consent
of the appellant. 38 C.F.R. § 20.204(c) (2007).
In March 2005, the veteran submitted a VA Form 9 perfecting
his appeals as to the issues of entitlement to service
connection for scars on the head and left wrist, and for the
residuals of a foreign body in the left wrist, as identified
in the February 2005 statement of the case.
In a written statement received at the Board in May 2008, the
veteran stated that he was withdrawing the appeals as to the
issues of entitlement to service connection for scars on the
head and left wrist, and for the residuals of a foreign body
in the left wrist. The Board finds that the veteran's
written statement indicating his intention to withdraw the
appeals as to these issues satisfies the requirements for the
withdrawal of a substantive appeal.
As the appellant has withdrawn his appeals as to the issues
of entitlement to service connection for scars on the head
and left wrist, and for the residuals of a foreign body in
the left wrist, there remain no allegations of errors of fact
or law for appellate consideration concerning these issues.
The Board therefore has no jurisdiction to review the issues.
Accordingly, the issues of entitlement to service connection
for scars on the head and left wrist, and for the residuals
of a foreign body in the left wrist are dismissed.
ORDER
The appeal concerning the issue of entitlement to service
connection for scars on the head and left wrist is dismissed
without prejudice.
The appeal concerning the issue of entitlement to service
connection for the residuals of a foreign body in the left
wrist is dismissed without prejudice.
____________________________________________
MARJORIE A. AUER
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs